What Can I do If My Neighbour damages my wall?

[gannerm]

My neighbour (who is a builder and is extremely aggressive) is going to remove a wall which is on his property but which is adjacent to a garden wall at the front of my house and is also adjacent to the side wall of my house. It's highly likely that these works will damage (if not partially demolish) my garden wall. It may also damage the wall of my house. He has warned me of this and told me that it will be my problem.
Do I have any rights under the law to compensation should he damage my property?
What steps can I take in advance to ensure that any potential problems can be dealt with smoothly?
Can I prevent him from carrying-out the work?

[Hawkeye99]

The Party Wall Act was designed to control this sort of thing, have a look at:

http://diydata.com/planning/party_wall_act/par ty_wall_act.php

Good luck.

[buildersmate]

As above.
Take photographs of the current situation NOW before he starts messing around. Best with a conventional film camera that cannot be accused to have been manipulated. Tell him you've taken photographs and advise him that you consider the Party Wall Act applies, and that you wish to appoint a party wall surveyor at his expense (read the party Wall stuff above).

[gannerm]

Many thanks for the answers. I've taken a look at this party wall act though, and it seems more to be a set of guidelines rather than an enforceable law. i.e if a someone decides to ignore it then you need to get a court injunction to prevent work being carried-out - this could be too late. Does anyone know how easy it is to get a court injunction, what evidence is required and how this is enforced?
I've just dug out my old film camera and am going to take some photos as per advice!

[gannerm]

My wife and I Just tried to have a reasonable neighbourly chat with the builder next door. He says that he will do exactly what he wants as it's on his own property and if my house develops a structural fault then that is my problem. I told him about the party wall act and he laughed and said that was a load of rubbish and he would do what he wanted as it was on his property. If my front wall falls down then he said that is also my problem.
Not quite sure where to go from here...:(

[buildersmate]

You record your own notes of the conversation, and take the photos.

[gannerm]

Is it simply an insurance job after this? It doesn't look as if there is any law or organisation/council department to protect us from this nutter.

[dot.hawkes]

If there is an act of parliament is it not also a law? If it is a law, why does this neighbour not feel he should abide by it? Print off a copy of the law and give it to him.

[gannerm]

Unfortunately there is no-one who will enforce this act. We've spoken to the town council building regulation officer and he told us there was nothing they could do to enforce the act. The police similarly will not enforce it as it's civil law not criminal. We could get a court injunction but these also are generlally not enforceable. When I mentioned court injunctions to this guy he just laughed and said "and I would throw it straight in the bin".
We think it's maybe wiser for us to sell the house as we don't want to ruin our lives by living next door to a neighbour from hell.

[buildersmate]

Although you seem to have dismissed it, it is the Party Wall Act that protects you from this nutter. Unfortunately it is civil matter and you can't get the police or Building Control to take the matter on your behalf. Did you look at the link the first replier gave you? In the middle of that weblink is another link that takes you to a Government produced booklet of about 20 odd pages (with a crimson cover). Read it - particularly Part 3, which covers rights of adjoining owners, and especially clauses 19 and 33. If you going to do this on your own you need to formally write to him. You can do the same using solicitors but it will start to cost you money. You may get this back later. You can a court injunction if he fails to co-operate.
If you are going to do it yourself, it could say something like:
Dear so-and-so, regarding the proposed building work that you intend to undertake, I consider that the Party Wall Act 1996 applies and that I am an adjoining owner. This entitles me to the following rights: (quote what Clause 19 says). I am therefore formally requesting you to stop work now until a process of using the Act is established between us. You could add, in the event that you do not comply, I intend to use apply for a court injunction.

The alternative,as you say yourself, is to move house. It is unfortunately that the law appears stacked against the good guys when it comes to these sorts of disputes. Regards, BM

[Stu Dent]

Remember too, that if your neighbour does damage your property then he is liable for it in the law of Tort/Delict. You will be able to seek damages.

You could prevent the work from taking place if the court grants you an interdict (injunction?). This would be temporary until a future hearing resolves the dispute.

I think you should contact a solicitor.

[linebuxt]

I hope this fool has not damaged anything.......cctv is fairly inexpensive these days.Video him doing his little project.If he knows he's on tv he may think twice,